(PS) Lepp et al v. Yuba County et al, No. 2:2017cv01317 - Document 60 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 3/27/18 ADOPTING 56 FINDINGS AND RECOMMENDATIONS: 21 Motion to Set Aside is granted and the clerk's entry of default as to Monaco is set aside; 23 Motion to Dismiss is deni ed; 24 Motion to Dismiss is granted; 26 Motions to Dismiss and to Strike are granted; 34 Motion to Strike is granted; 44 Motion to Amend the Complaint is denied as moot; 11 Motion for injunctive relief is denied; 12 Motion for TRO is denied. Plaintiff is granted thirty days from the date of this order to file an amended complaint. (Kaminski, H)
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(PS) Lepp et al v. Yuba County et al Doc. 60 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REVEREND HEIDI LEPP, et al., 12 Plaintiffs, 13 14 No. 2:17-cv-1317-KJM-EFB PS v. ORDER YUBA COUNTY, et al., 15 Defendants. 16 On March 8, 2018, the magistrate judge filed findings and recommendations, 17 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. ECF No. 56. Plaintiff filed 20 objections on March 20, 2018. See ECF No. 58. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 22 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 23 findings and recommendations to be supported by the record and by the proper analysis. 24 Accordingly, IT IS ORDERED: 25 1. The Findings and Recommendations filed March 8, 2018, are adopted; 26 2. Defendants Strang and the County of Yuba’s motion to dismiss (ECF No. 23) is 27 denied; 28 ///// 1 Dockets.Justia.com 1 2 3. Defendants Vroman and Olivera’s motions to dismiss and strike all plaintiffs other than Ms. Lepp (ECF Nos. 26, 34) are granted; 3 4. Defendants Ajax, Vroman, and Olivera’s motions to dismiss the complaint for failure 4 to state a claim (ECF Nos. 24, 26, 34) are granted and the amended complaint is dismissed with 5 leave to amend; 6 5. Plaintiff Lepp’s motions for injunctive relief (ECF Nos. 11, 12) are denied; 7 6. Plaintiff Lepp’s motion to amend the complaint (ECF No. 44) is denied as moot; 8 7. Defendant Chris Monaco’s motion to set aside default (ECF No. 21) is granted and the 9 10 clerk’s entry of default as to Monaco is set aside; and 8. Plaintiff is granted thirty days from the date of this order to file an amended complaint 11 as provided in the magistrate judge’s findings and recommendations. 12 DATED: March 27, 2018. 13 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2